Lawson Heirs Incorporated v. Skyway Towers, LLC et al

Filing 137

MEMORANDUM OPINION AND ORDER denying 89 MOTION by Skyway Towers, LLC in Limine to Limit Testimony of Plaintiff's Expert Witness, Roger Griffith with the understanding that damages will be limited to the time of occupancy if ejectment is ordered. Signed by Judge John T. Copenhaver, Jr. on 3/22/2019. (cc: counsel of record; any unrepresented parties) (kp)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
LAWSON HEIRS INCORPORATED,
a Virginia corporation
Plaintiff,
v.

Civil Action No. 2:17-cv-2198

SKYWAY TOWERS, LLC, a
Delaware limited liability
Company, and DELORSE FRY FARLEY,
and HOWARD LEE FARLEY JR.,
husband and wife,
Defendants.

MEMORANDUM OPINION AND ORDER
Pending is the defendant’s Motion in Limine to Limit
Testimony of Plaintiff’s Expert Witness, Roger Griffith, filed
June 28, 2018.
The defendants anticipate that plaintiff’s expert
witness, Roger Griffith, will testify as to the future rent,
reduced to present value, that should be paid by one or more
defendants for use by Skyway of any real property found to be
owned by plaintiff and trespassed upon by one or more
defendants.

This testimony is likely admissible for purposes of

damages, but if the court should instead order ejectment, the

defendants correctly point out that future damages would
necessarily be limited to the time of occupancy.
It is ORDERED that the motion be, and hereby is,
denied, but with the understanding that damages will be limited
to the time of occupancy if ejectment is ordered.
The Clerk is requested to transmit copies of this
order to all counsel of record and any unrepresented parties.
ENTER: March 22, 2019

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